Monday, April 11, 2011
A story from yesterday's edition of the New York Times featured commentary by Professor Brian Havel on the European Union's plans to apply its Emissions Trading Scheme to aviation. See James Kanter, European Pollution Regulations Face Challenge, N.Y. Times, Apr. 10, 2011 (available here). In it, Havel noted that "the EU regulation is an overreach" which "could set a troubling precedent where other States could begin imposing new taxes and charges on foreign airlines for activities which occur beyond their airspace." Havel also expressed doubts that the legal challenge to the pending decision on the regulation by the European Court of Justice would favor the airlines.